elaws - employment laws assistance for workers and small businesses

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FLSA Section 14(c) Advisor

A certificate authorizing the payment of special minimum wages to
workers with disabilities may be revoked by the Administrator of the Wage and
Hour Division for the following reasons:

1. It is found that false statements were made or facts were
misrepresented in obtaining the certificate. If this is the case, the
certificate may be revoked back to the date of issuance.

2. It is found that the certificate holder violated any of the
provisions of the FLSA, the McNamara-OHara Service Contract Act (SCA) or
the terms of the certificate. If this is the case, the certificate may be
revoked back to the date the violations began.

3. It is determined that the certificate is no longer necessary to
prevent the curtailment of employment opportunities for workers with
disabilities. If this is the case, the certificate will be revoked as of the
date of the employer revocation notice.

Any person aggrieved by any action of the Administrator of the Wage and
Hour Division having to do with the issuance of certificates under FLSA Section
14(c) may file a petition for review with the Administrator within 60 days of
the action. If granted, such review shall be made by the Administrator. Other
interested parties, to the extent it is deemed appropriate, may be afforded an
opportunity to present data and views.